Dear Masood, You will not receive justice from judges. Please look at the attachment in which I outline the need for trial by jury. Please use any of it in your affidavits to support a Notice of Motion to Requisition Trial by Jury. In the High Court there is provision for a Jury - the Jury Box is there in Canberra. Apply under section 77B of the Judiciary Act 1903 which says that "The High Court may, in any suit in which the ends of justice appear to render it expedient to do so, direct the trial with a jury of the suit or of an issue of fact, and may for the pupose make all such orders, issue all such writs and cause all such proceedings to be had and taken as the Court thinks necessary, and upon the finding of the jury the Court may give such decisions and pronounce such judgment as the case requires." Also say, in the Affidavit that under section 3 of the Supreme Court Procedure Act 1900 guarantees you Trial by Jury "in any action" if there is no "consent by both parties" to have the matter heard "by a judge without a jury". Halsbury's Laws of Australia says that this consent must "be clear and unequivocal" or else the Court has no jurisdiction. A case in Queensland's Court of Appeal, handed down 15 May 2001, that ordered to "set aside the verdict and judgment in favour of the defendant; .. that there be a new trial of the action; ... that the defendant pay the plaintiff's costs of the first trial" because the judge dispensed with the jury saying "the trial judge's ruling took away the right of the applicants to have the decision made by a jury". Merrin & Anor v Cairns Port Authority (2001) QCA 178. Regards, John. -----Original Message----- From: Masood Falamaki <[EMAIL PROTECTED]> To: [EMAIL PROTECTED] <[EMAIL PROTECTED]> Date: Wednesday, 16 May 2001 19:53 Subject: Appeal in Supreme Court >Dr John Wilson > >Thank you for the time that you put to consider this case. > >As you are aware I had an appeal before a panel of 3 judges. My appeal was >dismissed, and leave to appeal was refused. > >I have already filed an application for special leave to Appeal in the High >court. > >My question is that if I try to put an appeal in the Supreme Court that the >judgment of the above panel of 3 judges to be reviewed by others what >procedure is to be followed. The fact is that JA Handley prepared the >minutes of judgment and it appears that he made serious mistakes in his >judgment. Unfortunately the other two judges agreed with him. > >Looking forward to hearing from you ASAP. > >Regards > >Masood >_________________________________________________________________________ >Get Your Private, Free E-mail from MSN Hotmail at http://www.hotmail.com. > > ---------------------------------------------------------------- This is the Neither public email list, open for the public and general discussion. To unsubscribe click here Mailto:[EMAIL PROTECTED]?Subject=unsubscribe To subscribe click here Mailto:[EMAIL PROTECTED]?Subject=subscribe For information on [EMAIL PROTECTED] http://www.neither.org/lists/public-list.htm For archives http://www.mail-archive.com/public-list@neither.org
